CHARTER PARTIES


GENCON – Clause 11

Both-to-Blame Collision Clause


CLAUSE 11


11. Both-to-Blame Collision Clause 164
If the Vessel comes into collision with another vessel as a result of the 165
negligence of the other vessel and any act, neglect or default of the Master, 166
Mariner, Pilot or the servants of the Owners in the navigation or in the 167
management of the Vessel, the Owners of the cargo carried hereunder will 168
indemnify the Owners against all loss or liability to the other or non-carrying 169
vessel or her Owners in so far as such loss or liability represents loss of, or 170
damage to, or any claim whatsoever of the Owners of said cargo, paid or 171
payable by the other or non-carrying vessel or her Owners to the Owners of said 172
cargo and set-off, recouped or recovered by the other or non-carrying vessel 173
or her Owners as part of their claim against the carrying Vessel or the Owners. 174
The foregoing provisions shall also apply where the Owners, operators or those 175
in charge of any vessel or vessels or objects other than, or in addition to, the 176
colliding vessels or objects are at fault in respect of a collision or contact. 177

The “Both-to-Blame Collision Clause” is a standard clause in charter parties published by BIMCO and has been largely commented in the chapter “Bills of Lading”.







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